Bare ActsKerala Court Fees and Suits Valuation Act, 1959

Section 37

Partition suits.--

Amendment status not verified — confirm the current text below against the official source.

(1) In a suit for partition and separate possession of a share of joint family property or of property owned, jointly or in common, by a plaintiff who has been excluded from possession of such property, fee shall be computed on the market value of the plaintiff's share. (2) In a suit for partition and separate possession of joint family property or property owned, jointly or in common, by a plaintiff who is in joint possession of such property, fee shall be paid at the following rates:-- When the plaint is presented to-- (i) a Munsiff’s Court [Rupees five hundred] [(ii) a Sub-Court or a District Court [Rupees two thousand]] (3) Where, in a suit falling under sub-section (1) or sub-section (2), a defendant claims partition and separate possession of his share of the property, fee shall be payable on his written statement computed on half the market value of his share or at half the rates specified in sub-section (2), according as such defendant has been excluded from possession or is in joint possession. (4) Where, in a suit falling under sub-section (1) or sub-section (2), the plaintiff or the defendant seeks cancellation of decree or other document of the nature specified in Section 40, separate fee shall be payable on the relief of cancellation in the manner specified in that section. Substituted by Act 3 of 2025, Published in K. G. Ext. No. 1269 dt. 29/03/2025 (w.e.f. 01/04/2025). Prior to the Substitution it read as: "Rupees fifty" Substituted by Act 6 of 1991, published in K.G.Ext. No. 109 dt. 24/01/1991 (w.e.f. 05/12/1990). Substituted by Act 3 of 2025, Published in K. G. Ext. No. 1269 dt. 29/03/2025 (w.e.f. 01/04/2025). Prior to the Substitution it read as: "Rupees three hundred"

Section 37 – Kerala Court Fees and Suits Valuation Act, 1959 | DailyLaw.ai